Studies in practical life insurance; an examination of the principles of life insurance as applied in the policies, reports, agency and office methods of the New-York life insurance company,

Mode of access: Internet.

An Inquiry into the Legal Standing of Rogue REMICs in Foreclosures

The business of privatized mortgage loan securitization (Real Estate Mortgage Investment Conduits or “REMICS”) is so arcane and specialized that few people outside of that realm of investment knowledge understand, or even care to understand how loan securitization functions. However, if the difference between a legitimate REMIC and a Rogue REMIC is adequately explained, one can begin to understand why Rogue REMICs must be exposed as unlawful enterprises whose affiliates are not only able to disregard existing federal securities and tax laws, but are also able to circumvent state and local foreclosure laws at will. These ongoing violations result from the intentional and commonplace shortcutting of the proper mortgage loan securitization processes during the several years preceding the 2008 financial crisis. This Inquiry will not focus primarily on how and why Rogue REMICS violate federal tax and securities laws; although those aspects are part of the discussion by necessity. I will argue that all Rogues lack the perquisite legal standing to prosecute both judicial and non-judicial foreclosures. I will present compelling evidence that, in the aftermath of the 2008 financial crisis, foreclosures by Rogues may have exceeded 10% of all foreclosures. I will further argue that county officials may be violating state laws by recording the documents that impart false legal standing to the Rogues. I will conclude with a suggestion to homeowners on how to proceed if a mortgage assignment to a Rogue turns up in the local County public records

GESTÃO DEMOCRÁTICA: O PERFIL IDEOLÓGICO DOS PAIS MEMBROS DO CONSELHO DE ESCOLA

O presente trabalho enfoca a participação e atuação dos pais no Conselho de Escola. Tal participação passou a ser possível após a Constituição de 1988 e a Lei de Diretrizes e Bases da Educação Nacional nº. 9394/96 LDBEN. O estudo tem por objetivo identificar a concepção de participação dos pais membros do Conselho de Escola, e traçar os possíveis perfis ideológicos dos mesmos quanto à gestão escolar. A pesquisa é de natureza empírica, todavia ela se apóia em perfis ideológicos, construídos a partir de análises propiciadas pela Sociologia da Educação e pela Ciência Política. Como referencial teórico apropriamo-nos de Luis Pereira, Juan Bordenave, Maurício Tragtenberg, Edmundo Campos e de C.B. Macpherson. A pesquisa concentrou-se em uma das escolas da Rede Estadual no Município de São Bernardo do Campo SP. Utilizamos métodos de pesquisa de campo e bibliográfica. Além da pesquisa de campo, que teve como base entrevista qualitativa e semi-aberta, realizamos análises das Legislações Federal e Estadual com o objetivo de verificarmos as lacunas existentes na legislação, assim como os limites por ela impostos à participação dos pais na gestão escolar.(AU)

Karl Marx és Karl Menger néhány gondolata a pénz eredetéről = The thoughts of Karl Marx and Karl Menger about the origin of money

Kisebb bizonytalankodás után a legtöbb közgazdászhallgató a pénz funkcióinak felsorolásába kezd, ha megkérdezik, hogyan határozná meg a pénz fogalmát. A gyakorlatiasabb, vagy a számvitel iránt elkötelezettebb diákok esetleg felidézik a banki mérleget és – részben helyesen – a pénzt kötelezettségként helyezik el benne. Mintha azonban még mindig egy kicsit pironkodnánk, hogy nem találjuk a megfelelő definíciót. És ez már így megy évszázadok óta. Jelen tanulmányban két XIX. századi közgazdász – Karl Marx és Karl Menger – néhány pénzelméleti következtetését igyekszem összehasonlítani, figyelembe véve az általuk képviselt közgazdasági elmélet alapvető eltéréseit. A mára általánosan elfogadottá váló szubjektív értékelmélet és a kissé elfeledett munkaérték-elmélet látszólag teljesen eltérő feltevéseire alapozva a két gondolkodó egészen hasonló eredményre jutott. Számukra a pénz nem egy egyszerű eszköz, sem követelés és kötelezettség, ahogyan most elkönyvelnénk, hanem áru. Eredetét nem állami törvényekből vezetik le, hanem társadalmi konszenzus során létrejött jelenségnek tekintik a pénzt, ami fölötte áll a törvényeknek, eredendően nem jelképet testesít meg, hanem különleges jószágként válik alkalmassá értékjel kifejezésére. / === / If being asked how to define money most students of economics would start listing the functions of money, or those students with more practical insight would place money as liability in the balance sheet of banks. It seems, however, as if we were still embarrassed by not finding the right definition. In the present study I am endeavouring to give a brief overview of various theoretical findings on the essence of money in the economy preceding the 19th century and then compare some money theoretical conclusions of two economists – Karl Marx and Karl Menger – considering the major differences of the economic theories represented by them. On the basis of the premises of the widely accepted subjective value theory and the somewhat forgotten labour theory of value the two 19th century thinkers came to rather similar results. For them money is not a simple means of payment, nor liability or claim, the way we would account for them now, but a special commodity. They do not attach its creation to the appearance of state laws on money as a legal tender but regard it as a social phenomenon which became capable of expressing a value token due to its peculiar characteristics.

“É acompanhante ou usuária?” Implicações sobre a posição da família no atendimento a crianças e adolescentes em um Centro de Atenção Psicossocial da Infância e Adolescência - CAPSi

This study emerged and founded itself with the aim to analyze the position taken by the family – and the implications in this subjective area – in attending children and adolescents in a Childhood Psychosocial Care Center (CAPSi). A secondary goal has come up as the comprehension surrounding the institutional representation made about the family and the service offered to children, adolescents and relatives. For such, the historical perspective on the relation between the State (laws and institutions) and the family was resumed, and the understanding of how it was reconciled by the medical knowledge and attended the ideological and political means. The social and ideological transformations of the 20th century culminated in the need of change required by the Psychiatric Reform and the achievement of patients on the right to return home and to their families. This new situation, permeated by the attempt of building an assistance model in Mental Health, presented a peculiarity–the close relationship between family and Mental Health services. The observations and conversations at CAPSi that were the investigation objects in this research, intended to learn on the quotidian of families and the possible treatment alternatives that would take into account the family circumstances. Conceiving the status of the families in Mental Health services is a germinal matter yet to be adjusted among the active knowledge in the post-Reform devices. The discussion about the family bonds, anchored in the theoretical perspective of Binding Psychoanalysis brought up elementary concepts such as psychic heritage, denial pact, unconscious alliances, the familiar psychic set, among other. The concept of family organizer helped to think of the family trajectories and stablishes a sort of identity for the family, as well as interferes in the establishment of its boundaries. The family path within the institution, as well as the status they establish facing the institutional approach, reflect the ghosts and the organizers shared by the group-family. It follows that the family is an important protagonist to be considered in the current therapeutic and political processes and, thus, is key to welcome the family bonds for the alliances act over the affective destinations, as well as try to remain sealed from the proposed changes.

Mode-locking via dissipative Faraday instability

Emergence of coherent structures and patterns at the nonlinear stage of modulation instability of a uniform state is an inherent feature of many biological, physical and engineering systems. There are several well-studied classical modulation instabilities, such as Benjamin-Feir, Turing and Faraday instability, which play a critical role in the self-organization of energy and matter in non-equilibrium physical, chemical and biological systems. Here we experimentally demonstrate the dissipative Faraday instability induced by spatially periodic zig-zag modulation of a dissipative parameter of the system - spectrally dependent losses - achieving generation of temporal patterns and high-harmonic mode-locking in a fibre laser. We demonstrate features of this instability that distinguish it from both the Benjamin-Feir and the purely dispersive Faraday instability. Our results open the possibilities for new designs of mode-locked lasers and can be extended to other fields of physics and engineering.

An Ethical and Legal Framework for Physicians as Surrogate Decision-Makers for Their Patients.

In Western industrialized countries, it is well established that legally competent individuals may choose a surrogate healthcare decision-maker to represent their interests should they lose the capacity to do so themselves. There are few limitations on who they may select to fulfill this function. However, many jurisdictions place restrictions on or prohibit the patient's attending physician or other provider involved with an individual's care to serve in this role. Several authors have previously suggested that respect for the autonomy of patients requires that there be few (if any) constraints on whomever they may appoint as a proxy. In this essay we revisit this topic by first providing a survey of current state laws governing this activity. We then analyze the clinical and ethical circumstances in which potential difficulties could arise. We take a more nuanced and circumspect view of prior suggestions that patients should have virtually unfettered liberty to choose their healthcare proxies. We suggest a strategy to balance the freedom of patients' right to choose their surrogates with fiduciary duty of the state as regulator of medical practice. We identify six domains of possible concern with such relationships and suggest straightforward methods of mitigating their potential negative effects that could be plausibly be incorporated into physician practice.

The South Carolina Juvenile Collateral Consequences Checklist

Federal and state laws impose a range of collateral consequences that affect the opportunities available to youth involved in the juvenile and criminal justice systems. Children who have pled or have been found guilty of juvenile delinquency offenses face challenges in gaining employment finding housing and accessing educational opportunities. This publication provides a community resource containing the most current information on the short-term and long-term consequences of delinquency adjudications in South Carolina.

Military laws: containing: extracts from the federal and state constitutions, synopsis of the organization of the militia, militia laws of Virginia, militia laws of the United States, articles of war, army regulations, description of uniform, forms, &c. Adjutant General's office.

Mode of access: Internet.

Regulating Multi-National Corporations Through State-Based Laws : Problems with Enforcing Human Rights Under The Alien Tort Statute

Under the Alien Tort Statute United States of America (“America”) Federal Courts have the jurisdiction to hear claims for civil wrongs, committed against non-American citizens, which were perpetrated outside America’s national borders. The operation of this law has confronted American Federal Courts with difficulties on how to manage conflicts between American executive foreign policy and judicial interpretations of international law. Courts began to pass judgment over conduct which was approved by foreign governments. Then in 2005 the American Supreme Court wound back the scope of the Alien Tort Statute. This article will review the problems with the expansion of the Alien Tort Statute and the reasons for its subsequent narrowing.

National consumer credit laws, financial exclusion and interest rate caps : The case for diversity within a centralised framework

Australia is going through a major reform of consumer credit regulation, with the implementation of a proposal to transfer regulatory responsibility from the State and Territory Governments to the Commonwealth Government. While the broad policy approach is supported, the reform process has missed a significant opportunity to engage directly with issues of financial exclusion and with the potential role of regulation to reduce financial exclusion. The imposition of an interest rate cap can limit the impact of financial exclusion. However, the future of the existing interest rate caps is uncertain, given the diversity of approaches, and the heated debate that surrounds this issue. In the absence of support for regulatory initiatives to increase the availability of low cost, small loans, permitting regulatory diversity on this issue of interest rate caps, within an otherwise centralised regulatory framework., can minimise the impact of financial exclusion on consumers.

Australian data breach notification : avoiding the State/Federal overlap

Mandatory data breach notification has become a matter of increasing concern for law reformers. In Australia, this issue was recently addressed as part of a comprehensive review of privacy law conducted by the Australian Law Reform Commission (ALRC) which recommended a uniform national regime for protecting personal information applicable to both the public and private sectors. As in all federal systems, the distribution of powers between central and state governments poses problems for national consistency. In the authors’ view, a uniform approach to mandatory data breach notification has greater merit than a ‘jurisdiction specific’ approach epitomized by US state-based laws. The US response has given rise to unnecessary overlaps and inefficiencies as demonstrated by a review of different notification triggers and encryption safe harbors. Reviewing the US response, the authors conclude that a uniform approach to data breach notification is inherently more efficient.

The exemplification of governance principles within state asset management laws and policies : the case of Indonesia

Efficient state asset management is crucial for governments as they facilitate the fulfillment of their public functions, which include the provision of essential services and other public administration support. In recent times economies internationally and particularly in South east Asia, have displayed increased recognition of the importance of efficiencies across state asset management law, policies and practice. This has been exemplified by a surge in notable instances of reform in state asset management. A prominent theme in this phenomenon is the consideration of governance principles within the re-conceptualization of state asset management law and related policy, with many countries recognizing variability in the quality of asset governance and opportunities for profit as being critical factors. This issue is very current in Indonesia where a major reform process in this area has been confirmed by the establishment of a new Directorate of State Asset Management. The incumbent Director-General of State Asset Management has confirmed a re-emphasis on adherence to governance principles within applicable state asset management law and policy reform. This paper reviews aspects of the challenge of reviewing and reforming Indonesian practice within state asset management law and policy specifically related to public housing, public buildings, parklands, and vacant land. A critical issue in beginning this review is how Indonesia currently conceptualizes the notion of asset governance and how this meaning is embodied in recent changes in law and policy and importantly in options for future change. This paper discusses the potential complexities uniquely Indonesian characteristics such as decentralisation and regional autonomy regime, political history, and bureaucratic culture

Prandtl number scaling of natural convection of an inclined flat plate due to uniform surface heat flux

A new scaling analysis has been performed for the unsteady natural convection boundary layer under a downward facing inclined plate with uniform heat flux. The development of the thermal or viscous boundary layers may be classified into three distinct stages including a start-up stage, a transitional stage and a steady stage, which can be clearly identified in the analytical as well as numerical results. Earlier scaling shows that the existing scaling laws of the boundary layer thickness, velocity and steady state time scale for the natural convection flow on a heated plate of uniform heat flux provide a very poor prediction of the Prandtl number dependency of the flow. However, those scalings performed very well with Rayleigh number and aspect ratio dependency. In this study, a new Prandtl number scaling has been developed using a triple-layer integral approach for Pr > 1. It is seen that in comparison to the direct numerical simulations, the new scaling performs considerably better than the previous scaling.

Scaling for the Prandtl number of the natural convection boundary layer of an inclined flat plate under uniform surface heat flux

An improved scaling analysis and direct numerical simulations are performed for the unsteady natural convection boundary layer adjacent to a downward facing inclined plate with uniform heat flux. The development of the thermal or viscous boundary layers may be classified into three distinct stages: a start-up stage, a transitional stage and a steady stage, which can be clearly identified in the analytical as well as the numerical results. Previous scaling shows that the existing scaling laws of the boundary layer thickness, velocity and steady state time scale for the natural convection flow on a heated plate of uniform heat flux provide a very poor prediction of the Prandtl number dependency of the flow. However, those scalings perform very well with Rayleigh number and aspect ratio dependency. In this study, a modified Prandtl number scaling is developed using a triple layer integral approach for Pr > 1. It is seen that in comparison to the direct numerical simulations, the modified scaling performs considerably better than the previous scaling.